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DHS Guidance Update for E-Verify and I-9 Compliance During COVID-19 Pandemic

We are working through the fast-changing updates provided by the federal government during this trying time under the COVID-19 pandemic. USCIS has been providing guidance for employers, and the Corporate Immigration Compliance Institute is hosting a free webinar to ensure U.S. employers have the most up-to-date information to maintain compliance.

I-9 Updates: DHS is deferring physical presence requirement only for employers operating 100% remotely OR in specific instances for current/future employees who are quarantined or unable to appear in person due to government lock down protocols:

  • This means employers can now inspect new hire’s documents remotely (via video, fax, email) and obtain and retain copies of documents virtually to meet the three-business day deadline.

  • How to Implement:

  • Record “COVID-19” in the “Additional Information” field.

  • Keep record of the company’s work-from-home policy during this time.

  • Upon resuming normal operations, employers onboarded virtually must report to the employer within 3 business days to have the documentation verified in-person.

  • Record “Documents Physically Examined on ______” date you viewed them in the original.

  • How Long: This is in effect until May 19, 2020 or until 3 business days after the termination of the National Emergency

E-Verify Updates:

  • No change in 3 business day timeline, but there is an extended TNC timeframe to take action (no specific period set).

  • If 3 day timeline is not met, use drop-down menu on E-Verify to identify COVID-19 as the reason for missing the timeline.

More to come in the Corporate Immigration Compliance Webinar on Tuesday, March 24, 2020! Register here:

Stay healthy! We are in this with you!

Danielle Atchison

Business Immigration Lawyer


The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.

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